Static caravan site contract - is it legal?

hollydays

lincroft1710 wrote: »

This also refers to residential mobile homes rather than static holiday caravans

Yes that was my point

Ganga

Just out of curiosity,how much is 6 months fees/rates?

Rob_LB

lincroft1710 wrote: »

This also refers to residential mobile homes rather than static holiday caravans

Well I think perhaps we have both made assumptions here but I don't think the OP has told us exactly what type of site it is. Depending on the answer will determine whether the site is a 'relevant protected site' for the purposes of the Regulations.

If the site is either a residential or a mixed use site (that is both holiday and permanent residents) then it will become a relevant protected site and the Regulations will apply. If the site is a pure holiday park then it will not be subject to the Regulations.

lincroft1710

Rob_LB wrote: »

Well I think perhaps we have both made assumptions here but I don't think the OP has told us exactly what type of site it is. Depending on the answer will determine whether the site is a 'relevant protected site' for the purposes of the Regulations.

If the site is either a residential or a mixed use site (that is both holiday and permanent residents) then it will become a relevant protected site and the Regulations will apply. If the site is a pure holiday park then it will not be subject to the Regulations.

If it is mixed use then mobile home legislation will be applicable to that part (or those parts) of the site which is licensed for mobile homes. The part or parts licensed for holiday caravans will be covered by holiday caravan legislation.

blinky2134

It’s purely a holiday park, no residential

Rob_LB

If it’s a pure holiday park then as above the RegulatiOns won’t apply in your case. Unprotected sites like this are usually more limited in terms of your rights. However the National Caravan Council (i assume they still exist) have a code of conduct which members should adhere to. Maybe that should be your startIng point to see if they are a member which may afford you a little more protection.

As someone else stated, some of the terms may be considered unfair but it’s always a risk arguing terms are unfair, particularly if they are in line with what other holiday park terms and conditions. For example if other holiday parks charge a commission of 6%-8% for a sale then 18% could be considered unfair and unreasonably high.

blinky2134

I suppose my initial question was is it legal to not offer a refund for six months worth of a service, when you sell that service to somebody else and they pay that same six months of costs.... can you/are you allowed to charge twice for the same service?

bris

blinky2134 wrote: »

I suppose my initial question was is it legal to not offer a refund for six months worth of a service, when you sell that service to somebody else and they pay that same six months of costs.... can you/are you allowed to charge twice for the same service?

I would call that an unfair penalty which would probably be unenforceable. But as they will already have those fees then it would be you needing to go to court to get them back. The small claims court would do it and it's not very much to make the claim.


As for the other fees such as the 18% etc there is nothing to say they would be unfair, so I very much doubt you could challenge them.

blinky2134

Yes the 18% charge is their charge and I accept that it was really them receiving site fees twice since I don’t get a refund and the ,person I sell it to also pays the, that was what I was wondering about being unfair. It seems I just sign the contract and if it does come to it and it’s worth it I can go to the small claims court, I just did not want to sign away any rights since it was stated in the contract.

lincroft1710

Rob_LB wrote: »

However the National Caravan Council (i assume they still exist) have a code of conduct which members should adhere to. Maybe that should be your startIng point to see if they are a member which may afford you a little more protection.

NCC still exist http://www.thencc.org.uk/